top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Asking for Copies of Credit Applications - Red Flag??

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Asking for Copies of Credit Applications - Red Flag??

    If I order a copies of my credit card applications (I want to review them to make sure everything I said was accurate), will that be a red flag to creditors that I plan to file for BK (and might prompt them to sue earlier than they would otherwise?).

    One account has been referred to a law firm, and I have already received a letter from them telling me that I have 30 days to respond. I plan to send them a DV letter. Would that be the time and the place to ask for a copy of the credit card application (whatever forms I filled out)?

    #2
    I'd bet 10 to 1 they can't even come up with copies of your credit applications.

    The typical time to ask for a copy of a credit application is in response to an actual lawsuit. The reason is that you typically will get sued by a collection agency and they don't often have copies of the paperwork from the original creditor. That's what you are hoping anyway. So the lawsuit gets tossed out because the JDB can't prove you actually owe the money.

    So why help them get their ducks lined up in a row? What's are you worried about and what is your strategy trying to accomplish?
    So the poor debtor, seeing naught around him
    Yet feels the narrow limits that impound him
    Grieves at his debt and studies to evade it
    And finds at last he might as well have paid it.

    Comment


      #3
      I think that move is over kill. The only time a credit app ever becomes an issue is if you applied for the credit card or loan within 12 months of filing BK or if you took out the credit card, used it, but never made any payment. And even in those circumstances, it is rare move for the creditor. Also, it is not enough that the borrower simply lied or misrepresented a fact on the credit app, the creditor must have been harmed, directly, by that misstatement or that the misstatement would have changed its lending decision.

      I wouldn't worry about it.

      Comment


        #4
        Thanks both. Good points. HHM, the 'newest' card i have is three years old, and I made payments right up until I quit using them altogether. I doubt that I made any material mis-statements on any credit apps, but seeing them would provide some peace of mind pre-BK. From what you say, that's not at all necessary.
        Last edited by ApresMoi; 01-24-2010, 10:43 PM. Reason: Clarify

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X